Legal Question in Credit and Debt Law in Indiana

Indiana divorce final 2/13 with established separation from 5/10 then four months later 7/14 ex husband dies in accident. Post divorce collection agency files small claims against each party (no details on what) note both parties have had separate insurance and bills for 5 years. divorce detailed who paid what which we kept to separated bills. Sheriff tried to serve notice of small claims on "tween" son asking for father who doesn't live here - not mother. He noted that he didn't live here. Case View shows mother not served and no reference to ex service. Default one month after death in 8/14 according to records and default against EACH party and nothing it could be based on would be connected in an fashion to one another. 2/2015 receive 1st official notice of "default" about to file motion to resend/overturn officially based on concrete insufficiencies. What is the responsibility of the ex wife on unrelated bills post divorce and post death. Should I even bring it up and just overturn protecting my interests and let them finally have to figure it out and stop the presumption that they can sue us on unrelated (?) in the first place. BTW - no estate and grandmother kept entire life insurance policy that was deemed for the three minors in trust until 25 but not detailed in decree - only attorney emails. Please Help!


Asked on 2/17/15, 4:32 pm

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

An ex is not liable for anything that the divorce decree did not allocate to the ex or on anything that the ex did not incur in their own name. But it sounds like you may have a judgement of some sort against the ex. It is difficult to tell from your description. You should really take this matter to an attorney for a consultation so that he can sort out all of the details and facts for you.

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Answered on 2/19/15, 1:48 pm


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